Disclosures

Information Practice Statement

GENERAL USE

As a general policy, Franklin Mint Federal Credit Union does not automatically collect personal information from users of its web site. Franklin Mint Federal Credit Union does collect and store information on the domain a user uses to access its web site, the Internet address of the web site from which a user links to the credit union’s web site, and the date and time of the visitor’s visit to the credit union’s web site. This information is used to measure the number of visitors to its web site and track the route a user travels while within the credit union’s web site to better service users through improved design and site navigation.

MEMBER-ONLY AREAS

Personal identification (e.g.: member number, PIN/Password) is collected when a valid credit union member, with active credit union account(s), has registered to enter the secure online banking area of the credit union’s web site. This information enables the credit union to regulate access of this information to those who request such access and those entitled to perform transactions on the account(s).

COOKIES

The Franklin Mint Federal Credit Union web site requires the use of “cookies,” which are small pieces of information a web site stores on a visitor’s web browser. For example, cookies are required to help protect the privacy of a member’s transactions by automatically terminating online sessions if the member forgets to log out. Cookies cannot be used to capture a user’s email address, obtain data from the user’s hard drive, or gain confidential or sensitive information about the user. Additionally, a cookie cannot be read by any web site other than the one that set the cookie.

ONLINE FORMS

Franklin Mint Federal Credit Union provides online forms and applications to better serve the needs of its members. Personal information provided by a user via any of the credit union’s online forms is used by the Franklin Mint Federal Credit Union only to process the member’s request for service.

EMAIL COMMUNICATION

Personal information transmitted to Franklin Mint Federal Credit Union may be used by credit union staff to respond to inquiries for service or information or to improve the service the credit union provides. Since email messages may not be secure against interception by unauthorized individuals, users may want to seek alternatives to email when it is necessary to provide sensitive or personal information. Likewise, the credit union will not transmit sensitive or personal information that can compromise or violate a user’s privacy when communicating via email.

Third Party Web Site Statement

We provide links to other World Wide Web sites and resources. We do not control these sites and resources and are not responsible for their availability, content, or delivery of services. We encourage you to be aware of all privacy and security practices before giving information about yourself.

ADA WebsiteAccessibility

Franklin Mint Federal Credit Union is committed to providing a website that is as accessible as possible to our membership as in our branches. This new version of our web site (launched in March 2018) was built from scratch by our third-party web site vendor who uses the latest in ADA standards. Franklin Mint Federal Credit Union strives to make every page accessible to users but cannot guarantee that every page fully meets Level A and Level AA guidelines. While there is no definitive test nor certification of conformance to Level A or Level AA of the WCAG, we have used a variety of methods for assessing accessibility including following recommendations by various experts in the credit union industry (CUInsight, NCUA, NAFCU, etc.).

With the new design, we have made our best effort to make sure our site adheres to WCAG standards. We understand the plugin we use to review our site and the Chrome Auditing Tools (for Web Developers) are valuable tools in the process but are not infallible. There are many tools out there to test, audit and review web sites for ADA compliance, but none are all-encompassing. Therefore, we will continue to monitor and test our site on an ongoing basis. If you find a section of the site that you feel does not conform to Level A or Level AA of the WCAG, please us know using a method below, in order for us to assess and fix the issue.

Please note that some pages have partial conformance due to the use of 3rd party vendors. As such, Franklin Mint Federal Credit Union does not claim full site-wide conformance, instead a partial conformance, as defined by WCAG Level AA 2.0. We cannot ensure conformance of third-party plug-ins and widgets.

Consumer Fee Schedule

Business Agreements and Disclosures

Click here to view and download the FMFCU Business Agreements and Disclosures effective September 1, 2018.

Consumer Agreements and Disclosures

Click here to view and download the FMFCU Consumer Agreements and Disclosures effective September 1, 2018.

Privacy on the Internet

FMFCU uses firewalls that are designed to protect your accounts from unauthorized access from outside the credit union. FMFCU uses a cryptographic (digital certificate) key to secure account information sent between our server and your browser. Whenever you use FMFCU Online Banking our server responds to your transmission by sending this key that is authenticated by your browser. This communication key encrypts the data sent by you and FMFCU decrypts it when we receive it. Online banking will also “timeout” after a specified period of inactivity. This prevents persons from continuing your home banking session in case you have left your PC unattended. You may set the timeout period in the User Options screen of online banking.

It is also important to verify that only authorized persons log into home banking. This is achieved by verifying your password. When you submit your password, it is compared with the password we have stored in our secure data base. We allow you to enter your password incorrectly a certain amount of times. If you enter your password incorrectly after these tries, your online banking account will be locked until you call us to reinitialize the account. We monitor and record “bad-login” attempts to detect any suspicious activity. You play a crucial role in preventing others from logging on to your account. Never use passwords that are easy to guess. Examples of bad passwords are: Birth dates, first names, pet names, addresses, phone numbers, etc. Never reveal your password to another person. You should periodically change your password in the User Option screen of online banking, including the blending of upper and lower case lettering.

Our Web Site contains links to other external sites. FMFCU is not responsible for the privacy practices or the content of such Web Sites.

You are signing up to use Franklin Mint Federal Credit Union’s (“Credit Union”) Online and Mobile Banking Services. These Services include the acceptance of receiving electronic disclosures, notices and statements and accepting Services by use of Your electronic signature. Members and Authorized Representatives accepting this Agreement agree to the terms as a user of one or more of the described Services. Your successful login to Your Account will be considered Your signature and will constitute receipt and acceptance of these disclosures which will apply to Your Account(s) including enrollment in Online Statement Services and future e-Notices. The terms and conditions of this Agreement are in addition to the Account Agreements, disclosures and other documents in effect from time to time governing Your Account. In the event of a conflict between the terms and conditions of this Agreement and the terms of Your other Account Agreements with the Credit Union, the terms and conditions of this Agreement will govern. We recommend You print this document for Your records.

DEFINITIONS

“Account” or “Accounts” means one or more savings, checking, money market, certificates, IRAs (Individual Retirement Accounts) or line of credit/loan accounts that you have with Us for business or personal use, as applicable.

“ACH” refers to the Automated Clearing House and may be documented as an “External” transaction.

“Agreement” means these terms and conditions of the included Services.

“Alerts” refers to electronic notifications You or the Credit Union enables.

“Authorized Representative” refers to a person with ownership and/or authority (may or may not be an Account Signer) with respect to Account(s).

“Bill Pay” is the remittance of funds, initiated through Online and Mobile Banking, from an Account to a Payee

“Payment Account” is the checking account from which Bill Pay payments will be debited.

“Remote Deposit Capture (RDC)” also known as AnytimeDeposit is the ability to photograph paper checks using Your mobile phone or tablet and electronically deliver the images and associated deposit information to the Credit Union.

“Secure Access Code” is a unique one time, temporary passcode delivered by phone, SMS (Text) or email delivery, as You designate. Secure Access Codes are only valid for a limited time.

“Separate Service Agreement” are additional Agreements relating to the use of certain optional features contained with the Online/Mobile Banking Service. These agreements, which You must accept in order to use the respective optional features include, but are not limited to, P2P (Person to Person) Service, Money$mart (Personal Financial Management Service), External Transfers (A2A) Service and Our Bill Pay Service.

“Service(s)” means one or more of the Services or transactions described in this Agreement.

“Third Party Service” refers to any Service not provided by the Credit Union or accessed through an additional website link.

“Us,” “We” and “Our” means the Credit Union.

“You” and “Your(s)” means each person who registers or creates a Login ID to use the Services in this Agreement.

E-SIGNATURE AND ELECTRONIC DISCLOSURES AGREEMENT

Agreement to Conduct Transactions by Electronic Means

You agree to conduct the transfers offered through the Service by electronic means and acknowledge that all documents, disclosures, forms and other information related to such transactions will be provided to You through a mobile or web-based electronic interface or email. This may include the delivery of Online Statements and eNotices. Each time You use this Service and submit information to the Credit Union, You agree to the electronic access, receipt and acceptance of documents, disclosures and forms. You may not use this Service unless You agree to receive documents by electronic means. However, You may opt-out of eStatments and eNotices.

You further agree that You intend to electronically contract with Us for the Service and that all transactions completed through this Service will result in valid and legally binding Agreements. You also agree that You have adequate access to a computer, mobile phone or tablet, with sufficient internet connectivity to conduct these transactions online. You acknowledge that You meet the hardware and software requirements to access this Service as described below.

Agreement to Use Electronic Signatures

By checking the “Agree” button, You are electronically signing this E-Sign Agreement and the Terms of Use related to the Services. You specifically agree that any electronic signatures that You provide through this online process are valid and enforceable as Your legal signature. You acknowledge that these electronic signatures will legally bind You to the terms and conditions contained in the E-Sign Agreement and Terms of Use documents just as if You had physically signed the same documents with a pen.

Agreement to Receive Disclosures Electronically

You agree to receive all legal and regulatory notices, disclosures and other communications associated with Your registration or use of this Service through electronic means including web-based electronic interface, mobile phone or tablet interface or email.

Agreement to Receive eNotices & Online Statements

You agree that We may provide all periodic statements, tax forms and selected notices by electronic means only. Types of notices that may be available electronically include, but are not limited to, Non-Sufficient Funds Notices, Overdraft Protection Notices, Certificate Maturity Notices and Delinquency Notices. When Your notices are available online, an email notification will be sent to the email address on file.

Availability of Printed Copies

We recommend that You print and retain copies of any of the E-Sign Agreements and Terms of Use, disclosures, or other related documents from Your computer, mobile phone or other access device associated with all transactions utilizing the Service. There is no charge for You to download, copy and print these documents.

Contact Information

To use this Service You must provide Your current email address so that We can send You important information related to Your use of this Service. You may review and update the personal information maintained about You in the “Update Contact Info” section of the Site at any time to ensure that it is accurate. It is Your responsibility to update any changes in Your email and other personal information.

Electronic Mail (Email)

If You send the Credit Union an email message, the Credit Union will be deemed to have received it on the following Business Day. You should not rely on email if you need to report an unauthorized transaction or any other security matter or place a time-sensitive stop payment. Email transmissions outside of the secure messaging Service in Online and Mobile Banking are not secure. We advise You not to send Us or ask for sensitive information such as Account numbers, Account information, etc., via any general or public email system.

1. Setup and Use of Online/Mobile Banking Services

A. Eligibility. In order to activate this Service, You must have at least one Account with Us or be an Authorized Representative linked to this Service. You must designate a Login ID and Password which will be required to gain access to this Service. We may require You to change your Password from time to time for security reasons. You should keep your Login ID and Password in a secure location. Any person having access to your Login ID and Password will be able to access these Services and perform all transactions including reviewing Account information and conducting transactions to other Accounts and other persons. It shall be presumed that any person using your Login ID and Password has been granted your express permission to take actions on Your behalf. In addition to Your Login ID and Password, when You are enrolling in the Online and Mobile Banking Service You will be provided with simple instructions to obtain a Secure Access Code, which will be sent to You by voice, text or email. The use of the Secure Access Code is a security procedure established to authenticate the identity of Your access device (computer, mobile smart phone or tablet) when gaining access to this Service. If You change Your access device, you will need to obtain another Secure Access Code. This security procedure is not designed for the detection of errors. We use multiple authentication methods to enhance the security of Your information. You agree that multi-factored authentication procedures are commercially reasonable. You must also comply with other security procedures and policies We may establish from time to time.

B. Access. Services are generally accessible 24 hours a day, seven days a week; however, Service may be unavailable from time to time for routine system maintenance or due to unscheduled down time. Whenever possible, You will be alerted to scheduled system maintenance when accessing this Service through the Online and Mobile Banking platform and or at fmfcu.org. We are not liable under this Agreement for failure to provide access due to a system failure or due to other foreseen acts. You will gain access through the use of Your Internet-enabled device, your ISP, your Login ID and Password. No employee of the Credit Union will have access to, or knowledge of your Password and You should not disclose Your Password to Us at any time. We may modify, suspend or terminate access to the Services at any time and for any reason without notice.

C. Hardware and Software Requirements. You are responsible for installation, maintenance and operation of devices used to access this Service. The Credit Union is not responsible for errors, failures or malfunctions of any device used or attempted to be used for access to this Service. The Credit Union is also not responsible for viruses or related problems associated with use of this Service. The access device, as appropriate to the actual device, must meet the following requirements:

System & Display

Standard PC or Mac® with at least 1-GHz processor and 1 GB of RAM.

Available browser updates applied for improved security that provides anti-virus and spyware protection.

Desktop and laptop displays can be any height but must support at least a 1300-pixel width. Otherwise, the end user will need to scroll horizontally to see the entire online user interface. The most recent version of Adobe® Reader® available for desktop and mobile devices. If you choose to use a third-party PDF vendor, the Credit Union cannot guarantee documents will appear as intended.

Touch Authentication is currently only available for login authentication on eligible Apple® iOS devices. This is a free feature, pending the following operating system, hardware and release requirements: iOS9 or higher, iPhone 5S/6/6 Plus or newer or latest generation iPad with Touch ID sensor. End user fingerprint registration at the device level is required.

Internet

For any Service described in this Agreement utilizing the Internet, the Credit Union does not and cannot control the flow of data to or from the Credit Union’s network and other portions of the Internet. Such flow depends in large part on the performance of Internet services provided or controlled by third parties. Actions or inactions of such third parties can impair or disrupt Internet performance and connections. The Credit Union cannot guarantee that such events will not occur. The Credit Union disclaims any and all liability result from or related to such events and in no event shall the Credit Union be liable for any damages that are attributable to the public Internet infrastructure, Your ability to connect to the Internet or the Credit Union’s ability to connect to the Internet on Your behalf.

Third-Party Services and Websites

In connection with Your Use of any Third-Party Service or website, You are responsible for reviewing, understanding and accepting any separate Agreement and Disclosures presented to You upon registration to use the designated Service. Some Services offered through Online and Mobile Banking may be accessed through a Third-Party website. Web linking is provided as a convenience. Such Third Party websites are not under Our control. Access to any Third Party websites may not include an intermediate webpage, known as a “speed bump”.

Browser Requirements

Browser support is subject to change with little to no notice and we encourage end users to configure browsers for automatic updates. Use the most recent versions available for the browsers listed here for the most secure experience in Online Bankinghttps://www.fmfcu.org/electronic-services/onlinebanking/online-banking-requirements/Note: Any browsers not listed above should be considered unsupported by the Credit Union. For the most secure and consistent experience on mobile devices and tablets, use FMFCU’s Mobile Banking Apps instead of mobile browsers. Some minimally supported browsers, may show minor behavioral or cosmetic differences in Online Banking, but will generally support the application’s functionality.

Mobile Requirements

You must download the Credit Union’s Mobile App from the Apple® Store (for iOS devices) or Google Play™ (for Android devices). A valid email address and telephone number are required. The Mobile App will function best when the GPS or native mapping app (also called Location Services) is enabled. When requesting support, please identify the model and operating system of the device. Additional details of mobile requirements are listed at the link listed above.

Other Requirements

A mobile device with a rear-facing camera is required to deposit checks (Anytime Deposit). For details related to third-party account management software such as Microsoft Money, Quicken® and QuickBooks®. Please visit this link for more detailed information.

2. Online/Mobile Banking Services and Account Access

Online and Mobile Banking Services. These Services are on the same operating platform. You will gain access and will use the same Login ID and Password. Most Services will be available on both platforms. You may use this Service to transfer funds between Accounts, transfer or send funds to Accounts of others, review Account balances, cleared checks, transaction history and access Online Statements and eNotices (when available). You may make payments to payees, download Account information, view Accounts at other financial institutions, deposit checks (Mobile or Tablet Only) and establish text and email alerts. New Services may be added from time to time. By using any new Service, You agree to be bound by this Agreement and Disclosure. New Agreements and Disclosures will be presented if applicable. These activities may be limited and some may require a separate Agreement and Disclosure when registering to use a specific Service.

Account Access. You will have access and viewing rights to all Accounts associated with Your social security number, with limited exceptions and access and viewing rights to any Account as an Authorized Representative. If an Account is owned by more than one person or has more than one person as an Authorized Representative, You agree that each such person individually has the right to enroll in this Service. We may rely and act on the instructions of any such person without incurring liability to You. You further agree that any requirement of verifying two or more signatures on any item, will not apply to transactions conducted by using this Service and that we will have no liability for such transactions. This means that any Authorized Representative on Your Account is authorized by You to individually make a transfer or payment from the Account through this Service even though that person’s authority to otherwise make a transfer or withdrawal of funds by other means (e.g., check) must be exercised jointly with You or other persons. This provision controls and supersedes any conflicting provisions in any other Agreements You may have with Us. You have full control of any entitlements that You authorize in this Service to control Service functionality for any Authorized Representative.

WE RESERVE THE RIGHT TO REMOVE YOUR ACCESS DUE TO SECURITY REASONS, IF YOUR ACCOUNTS ARE NOT IN GOOD STANDING OR DUE TO INACTIVITY, WITHOUT NOTICE TO YOU. SHOULD THERE BE A PERIOD OF INACTIVITY OF NO LESS THAN ONE HUNDRED AND EIGHTY (180) DAYS, YOUR ACCESS WILL BE REMOVED.

3. Restrictions on Use

For your protection and the protection of Our Service, You agree not to share your Login ID and Password and any other access information, with anyone else. You are responsible for all acts or omissions that occur through the use of such information subject to applicable law. You agree that Your use of any Service will comply with all applicable law, and that You will not use any Service or electronic communication feature for any conduct or purpose that is unlawful, tortuous, abusive, intrusive, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful. You agree that You will not transmit any material, document or link that contains a virus or any other computer code, file, program or anything else that might interfere with the functionality of any computer software, hardware, telecommunications equipment or anything else.

4. Transactions and Fees

When any payment or other Service generates items to be charged to Your Account, You agree that We may debit Your Account without requiring Your Signature, without prior notice to You. If any fees are associated with the Services You choose to use, We will disclose them in Our Fee Schedule. You agree to regularly review Your Account transactions to confirm whether or not transactions have been processed properly and or are authorized and to contact Us immediately in the event of any discrepancies.

5. Unauthorized Transactions

The following provisions of this section apply only to Services and Accounts established primarily for personal, family or household purposes.

To the extent a transaction is an “electronic fund transfer” under Federal Reserve Board Regulation E, tell Us AT ONCE if You believe Your Password has been lost or stolen, of if You believe that a Service transaction has been made without Your permission. Contacting Us by telephone is the best way of minimizing Your possible losses. If You do NOT tell Us within two (2) Business Days after You learn of the loss, theft or unauthorized transactions, and We can prove We could have stopped someone from using Your Password or the Online Mobile Service without Your authorization if You had so informed Us, You could lose as much as $500. Also, if Your statement shows a transaction that You did not make or authorize, tell Us at once. If You do not tell Us within sixty (60) days after the statement was mailed, electronically transmitted or otherwise made available to You, You may not get back any money You lost after the 60 days if We can prove that We could have stopped someone from taking the money if You had told Us in time. Please contact Us at 610-325-5100 or 1-800-220-3193 (Outside of Pennsylvania). If a good reason (such as a long trip or hospital stay) kept You from telling Us, We will extend the time periods as may be reasonable under the circumstances. Additional information is in Your general Membership Agreement and Disclosure You received when establishing Your Membership. You may use Mobile Banking in conjunction with an imaging application device, special software and Your Login ID and Password to initiate the deposit of checks into Your applicable Accounts. You understand and agree that Remote Deposit Capture of items is not subject to the Electronic Fund Transfer Act or Regulation E. Instead it is solely governed by this Agreement and Disclosure.

6. Business/Entity Accounts

If You are using these Services to access a business, entity and or organizational Accounts, any owner and or Authorized Representative of such Accounts is authorized to enter into this Agreement, access each Account in any manner and for any purpose available through the Service and or which You authorize, whether now available or available in the future.

7. Mobile Banking Service

All information in this Agreement applies to Our Mobile Banking Service. This is additional information regarding Our Mobile Banking Service, including use of Mobile Applications (Mobile App), Smart Watches, Tablet Applications and Mobile Web Browsers. You will remain subject to all other terms in this Agreement with Us and all other existing Agreements with Us and with Your mobile carrier or provider. We do not charge You to use Our Service but You could be subject to charges from Your mobile carrier or provider.

Text Banking. This Service is offered by Us over the Short Message Service (SMS). Use requires activation of a mobile phone number within the Online and Mobile Banking platform. You may use this Service to conduct limited transactions and or to receive message alerts. Standard messaging charges may apply. If You change Your mobile device or mobile phone number, You are responsible for updating Your information. You understand and agree that SMS communications may be delayed or prevented by a variety of factors. The Credit Union will not be liable for any delays, failure to deliver or misdirected delivery of SMS communication; or for any actions taken or not taken by You or any third party in reliance of an SMS communication. You should not be solely reliant on this delivery change to manage Your Accounts, due to potential delays in receiving information.

Remote Deposit Capture (RDC). AnytimeDeposit, may be used to make deposits to eligible Accounts and eligible Business Accounts as determined by Us. For security reasons, We may set limits on the maximum amount You may deposit using this Service. Multiple deposits may be submitted as long as the accumulated dollar amount does not exceed maximum limits

(a) How to Use the RDC Service. When You enroll in the Service after installing the mobile banking application, You will have access to the RDC Service. You must log into the application from Your mobile device and enter Your Login ID and Password. You will be given deposit processing instructions to follow. Once the check images have been successfully received and processed, the funds will be available as provided in our Funds Availability Policy Disclosure You received when establishing Credit Union membership.

(b) Warranties and Agreements. When Using the RDC Service. With each check image transmitted, You warrant that only items drawn on Financial Institutions within the United States, in U.S. dollars, are being deposited. You are not depositing an item that has previously been deposited whether via a RDC Service, at an ATM, or at another location, whether the Credit Union or another Financial Institution, and no duplicates items are being deposited. You warrant that all items are made payable to You, all signatures on each check are authentic and authorized and that each check has not been altered or contain inconsistencies. You agree that You will not deposit stale-dated checks (dated more than six (6) months prior to the date of deposit), and or post-dated checks (dated in the future). You warrant that You are not using the RDC Service as a conduit for money laundering or other illicit purposes. You agree and understand that the image quality must meet the standards established by the American National Standards Institute (ANSI), the Board of Governors of the Federal Reserve, and any other regulatory agency, clearing house or association. The following information must be clearly read and understood: amount, payee, signature of maker, date, check number, paying bank and MICR line and endorsement. We reserve the right to accept or reject any item submitted using this Service for deposit into Your Account. If Your check image cannot be processed, Your deposit will be rejected. You agree to indemnify the Credit Union from any loss suffered because of acceptance or rejection of any item deposited or attempted item deposited, using this Service and You agree to be responsible for any loss, late fees or overdraft or other applicable fees charged to Your Account due to an item being rejected or returned.

(c) Endorsement. Before You photograph a check, You agree to restrictively endorse the item with Your physical signature and include the name of the entity if depositing to a business or organizational Account and the legend “For FMFCU Mobile Deposit Only” and Your deposit Account number. You understand that any check without this proper endorsement may be rejected.

(d) Confirmation of Receipt. When You use the RDC Service to make a deposit, You will receive a confirmation screen of the deposit on Your mobile device. This is not a confirmation that the check was deposited to Your Account ONLY that the image was processed. You agree that all deposits made through the RDC Service are provisional, subject to verification and final settlement. Any returned items will be returned to US in the form of an image or an image replacement document (IRD). Please log in to Our Online and Mobile Banking Service to confirm posting to Your Account. You agree to regularly review Your Account transaction history to confirm whether or not transactions have been processed properly and to contact Us immediately in the event of any discrepancy.

(e) Handling and Storage of Original Check. You agree to protect the original check as You would protect cash. You must securely store the original check for sixty (60) days after transmission to Us. After the sixty (60) days, You may dispose of the original check by cross-cut shredding or another commercially acceptable means of destruction. After destruction, the check image will be the only evidence of the original check.

(f) Termination of the RDC Service. We may suspend your access to the RDC Service at Our discretion and without advance notice to You. In addition, Your access to the RDC Service may be immediately suspended at any time if We believe fraudulent activity is or has occurred, or that You have violated or are in violation of any law or this Agreement.

8. Online/Mobile Banking Term and Termination

This Agreement will become effective when You log in and accept this Agreement and shall remain in full force and effect until termination.

Termination for Cause. We may immediately terminate this Service without notice to You if You do not pay any loss and or fee to the Credit Union when due; if You do not comply with any Agreement governing this Service or Your Accounts with the Credit Union; if Your Accounts are not in good standing; and if You have not used this Service for a period of one hundred and eighty (180) days.

Termination for Convenience. If You elect to terminate this Agreement, You must notify the Credit Union and provide Your name and Account information. Termination of the Online and Mobile Service will also immediately terminate other Services offered through this platform. If You close Your Credit Union membership, that action will automatically terminate Your access to this Service.

9. Disclaimer of Warranties

YOUR USE OF THIS SERVICE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLED. THE CREDIT UNION DISCLAIMS ALL WARRANTEIS, INCLUDING ANY IMPLED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONFRINGEMENT OF PROPRIETARY RIGHTS AS TO THE ONLINE AND MOBILE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THESE SERVICES. THE CREDIT UNION DOES NOT WARRANT THAT THE FUNCTIONS, OR ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE UNLESS OTHERWISE STATED ON THE SITE ON IN ANY APPLICABLE AGREEMENT.

10. Limitation of Liability and Indemnification

YOU ASSUME ALL RISK OF LOSS OF ANY DATA LOST DURING TRANSACTIONS INITIATED BY YOU EVEN IF THE DATA IS LOST DUE TO SYSTEM FAILURE OR INTERRUPTION. YOU AGREE TO INDEMNIFY AND HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMELSS FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES) THAT WE MAY INCUR IN CONNECTION WITH A THIRD PARTY CLAIM OR OTHERWISE, IN RELATION TO YOUR USE OF OUR ONLINE AND MOBILE SERVICES. YOUR OBLIGATIONS UNDER THIS PARAGRAPH SHALL SURVIE TERMINATION OF THIS AGREEMENT.

11. Amendments

You agree that We reserve the right to change the terms and conditions of this Agreement and Disclosure as required by law or Credit Union policy. Unless otherwise required by law, We may amend this Agreement without prior notice to You. If We choose to notify You of an amendment or are required to do so by law, We may ask You to agree to an amended version of this Agreement electronically or mail or deliver a separate notice, statement or electronic message to You as the last physical or email address on file for You.

12. Governing Law

This site is created and controlled by Franklin Mint Federal Credit Union headquartered in the State of Pennsylvania. As such, the laws of the State of Pennsylvania will govern these Terms of Use, without giving effect to any principles or conflicts of laws.

13. Contacting Us

If you have any questions about this Service or this Agreement, You may contact Us at the phone number or postal address below:

Franklin Mint Federal Credit Union

5 Hillman Drive, Ste 100

Chadds Ford, PA 19317-9998

or

610-325-5100/800-220-3193 (Outside of Pennsylvania)

14. Disclosure Access

You may access Our Privacy Policy at relating to the collection and use of your information.

Credit Union members may access Our Electronic Fund Transfer (EFT) disclosure by viewing our Terms and Conditions document. Non-Credit Union members should consult their financial institution for their EFT disclosures.

FMFCU Discretionary Overdraft Privilege Policy

(Rev. March 2016)

It is the policy of Franklin Mint Federal Credit Union (FMFCU) to comply with all applicable laws and regulations and to conduct business in accordance with applicable safety and soundness standards.

The Account Agreement and Disclosure provided to you at the time you opened your membership with us controls the duties, obligations and rights of the Depositor, the Authorized Signatories and FMFCU with regard to your checking account(s). The Account Agreement (and all amendments thereto) and its terms shall control any possible conflict, if any, between any provision of this Discretionary Overdraft Privilege Policy and the Account Agreement and Disclosure. An additional copy of the Account Agreement and Disclosure is available to you on request at any branch office or by calling our Member Service Center at 610-325-5100 or (800) 220-3193.

FMFCU will have the discretion to pay overdrafts within the overdraft privilege limits, but payment by FMFCU is a discretionary courtesy and not a right of the member or an obligation of FMFCU. This privilege for checking will generally not exceed a maximum of $700 overdraft (negative) balance. This privilege for business accounts will generally not exceed a maximum of $500 overdraft (negative) balance. Of course, any and all fees and charges, including without limitation the non-sufficient funds fees (as set forth in our fee schedules and account agreement and disclosure), will be included as part of this maximum amount. The total of the discretionary overdraft privilege (negative) balance, including any and all fees and charges, including all non-sufficient funds/overdraft fees is due and payable upon demand, and Depositor and each Authorized Signatory will continue to be liable, jointly and severally, for all such amounts, as described in the Account Agreement and Disclosure with a maximum repayment period of 30 days.

Pursuant to FMFCU’s commitment to always provide you with the best level of service, now and in the future, if you are 21 years of age and your active checking account (primarily used for personal and household purposes) has been open for at least sixty (60) days, or if your active business account has been open for at least sixty (60) days, and thereafter you maintain your account in good standing, which includes at least:

Bringing your account balance to a positive balance within every thirty (30) day period for a minimum period of 24 hours; positive status is required during business days, excluding weekends and holidays

A valid mailing address on file;

Not being in default on any loan or other obligation to FMFCUand

Not being subject to any legal or administrative order or levy

Overdraft privilege is not a line of credit. However, if you inadvertently overdraw your account, we will have the discretion to pay the overdraft (ACH, Check or bill-pay transactions), subject to the limit of your overdraft privilege and the amount of the overdraft (NSF) fee. In order to have ODP provided to your Debit Card/POS, FMFCU is required to have an OPT IN request on record. FMFCU is not obligated to pay any item presented for payment if your account does not contain sufficient available funds. Any discretionary payment by FMFCU of an overdraft item, (such as a check, ACH, Debit Purchase or Bill Pay transaction) does not obligate FMFCU to pay any other overdraft items, or to provide prior notice of its decision to refuse to pay such items.

Again, while FMFCU will have the discretion to pay overdrafts on accounts in good standing (as described above), any such payment is a discretionary courtesy, and not a right of the member or an obligation of FMFCU and FMFCU in its sole and absolute discretion, can cease paying overdrafts at any time without prior notice of reason or cause.